Aggravated Battery with a Deadly Weapon 784.045 (2)
Aggravated battery with a deadly weapon in Florida is prohibited under Florida Statute section 784.045(2). It involves simple battery, together with the use of a deadly weapon. Judges take aggravated battery with a deadly weapon seriously, and if you are convicted, you could face a substantial prison sentence. An experienced criminal defense lawyer can make a difference to the outcome. At Hanlon Law, Tampa battery defense attorney Will Hanlon provides a knowledgeable defense for his clients.Aggravated Battery With a Deadly Weapon
To secure a conviction for aggravated battery with a deadly weapon, a prosecutor must prove beyond a reasonable doubt that you committed battery by intentionally striking or touching an alleged victim against the victim's will, while using a deadly weapon. The jury cannot have any doubt about either of these elements, and if there is doubt, they are required to acquit. An object is considered a deadly weapon if it is used in a way likely to produce great bodily harm or death, or if it is threatened to be used in that way. While obvious weapons are guns and rifles, even a heavy glass bottle or a car could be used or threatened to be used as a deadly weapon.
Aggravated battery with a deadly weapon is a second-degree felony. This means that for a first offense, you may face a sentence of a maximum of 15 years in prison and a fine of $10,000. The punishment is likely to be more severe for people who are shown to meet the definition of various classes of repeat offenders: violent career criminals, three-time violent felony offenders, or habitual violent offenders.
Moreover, under the Florida 10-20-Life law, mandatory minimum sentences must be imposed when a firearm is possessed or discharged. The mandatory minimum sentence if a firearm is simply possessed during an aggravated battery is 10 years. When a machine gun or semi-automatic is possessed during an aggravated battery, the minimum term is 15 years. If a firearm is actually discharged during the aggravated battery, the minimum term is 20 years. If a firearm is discharged and causes great bodily harm or death, the minimum term is 25 years.
Additionally, the punishment can be more severe if you are considered a habitual violent offender, a three-time violent felony offender, or a violent career criminal. Each of these terms provides definitions of repeat conduct that can result in harsher sentences if you are charged with aggravated battery.
Each case is different, and an experienced criminal defense attorney can evaluate the facts and circumstances of your case to develop a strategy that is likely to be successful. Defenses can include self-defense, defense of others, stand your ground, mutual fighting, and lack of intent to touch. Sometimes, it may be possible to argue that the instrument that you may have used during the incident that was considered aggravated battery was not a deadly weapon under the code section. If the prosecutor has doubts about their ability to secure a conviction from a jury, it may be possible to secure a reasonable plea deal, if not a complete dismissal based on insufficient evidence.Get Help from a Battery Defense Attorney in Tampa
Courts take aggravated battery causing great bodily harm, permanent disfigurement, or permanent disability seriously, and harsh punishments are meted out, especially if it is not a first offense. It is important to have an experienced attorney on your side as early as possible in the process because strong defense strategies may be appropriate even before you are charged. The earlier that we get involved, the sooner that we can start examining which defense strategies might work for you. Our founder, Tampa attorney Will Hanlon, has provided a strong, aggressive defense to people accused of crimes such as aggravated battery since 1994. He strives to provide responsive and personalized representation. Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment with a battery defense lawyer.